Lenoir Divorce Lawyer

Dedicated Lenoir Divorce Attorney

If you are getting divorced, you may have to make decisions about property, finances, children, and future obligations. Consulting a Lenoir divorce lawyer can familiarize you with North Carolina law, potential issues in your divorce, and the requirements that must be met before the divorce is finalized by a court. Knowledge of divorce laws allows parties to make decisions about their case as it progresses.

About Us

Cody Law Firm has experience handling all family law issues. Thousands of individuals and families have been represented by Blair Cody in family law cases. Our firm knows that every case is different. Some divorces are straightforward and uncontested, while others involve custody of children or substantial marital assets. We meet with clients throughout Caldwell County to provide practical solutions based upon the specific facts of their case.

Most divorce proceedings are heard in District Court here at the Caldwell County Courthouse, 216 Main Street NW, Lenoir, NC 28645.

Understanding Divorce in North Carolina

North Carolina divorce laws allow couples to file for divorce without proving fault. Per N.C. Gen. Stat. § 50-6, if you and your spouse live separate and apart for one year, or both parties agree to the divorce, you can get a divorce in North Carolina. Unlike many states, you do not have to prove that your spouse cheated, left the marriage, or was irresponsible to get divorced.

Another statute that applies to most divorcing couples is N.C. Gen. Stat. § 50-20. North Carolina is an equitable distribution state. That means marital property is presumed to be divided equally between the parties. However, the court can divide the property unequally after considering all the factors listed in the statute and if it is deemed equitable to do so.

Divorce comes with its own set of issues that must be worked out before a case is finalized. These include:

• Child support
• Child custody
• Property and debt division
• Alimony

According to the CDC, the marriage rate in North Carolina is 6.0, with a divorce rate of 2.7 per 1,000 residents, highlighting the need for proper legal counsel during a divorce in the state. Each divorce case is unique because no two families are identical. Some couples only need to legally end their marriage. However, many spouses have decisions about property, finances, and children that need to be resolved. You and your spouse might work out your disagreements. However, some issues are very difficult to resolve without professional assistance.

Preparing for Your Divorce Case

Gathering details about your finances and family can significantly ease the divorce proceedings. Some of the items that can be important during divorce proceedings are documents like:

• Tax returns
• Bank account statements
• Deeds
• Mortgage documents
• Retirement account statements

If you have children, gathering school schedules, childcare contacts, and other activities can show you how your children’s weekly schedule may be impacted by the divorce.

Many divorces are settled by agreement or mediation in Lenoir. Even when negotiating with your spouse, it can be beneficial to know your rights under North Carolina law. Understanding your legal rights allows you to determine if what your spouse is asking for is fair.

Hire a Divorce Lawyer

By deciding to hire a divorce lawyer, you are obtaining the services of a legal professional who knows how to look out for your interests. The process of divorce usually involves many deadlines, financial disclosures, and filings with the court. Many family law matters require a review of complex documents prior to making major decisions.

Our attorneys can:

• Draft and file pleadings.
• Inform you of how North Carolina law applies to your case.
• Determine what issues may affect classification of property.
• Meet all deadlines throughout the process.

If your case goes to trial, your lawyer can:

• Negotiate with opposing counsel.
• Attend mediation with a neutral third party.
• Offer evidence at hearings.
• Advocate on your behalf in court.

A Lenoir divorce attorney can guide you through the process and explain the future legal ramifications of any agreement you enter into.

FAQs

What Is a Wife Entitled to in a Divorce in NC?

North Carolina law does not favor the wife over the husband in divorce cases. Equitable distribution is used by courts to distribute marital property according to what is fair, considering the circumstances. Based on the facts of each case, one of the parties may also be entitled to alimony, child custody, and/or child support. Every divorce is determined individually according to the facts of that case and the applicable laws.

What Questions Does a Divorce Lawyer Ask?

In a consultation, a divorce attorney may likely ask you:

• How long you were married
• If you and your spouse have been living apart for a year or more
• If you have children
• What property or debts you acquired during marriage

You might talk about employment, income, retirement plans, real estate, and any agreements you have. This allows them to determine what legal issues may come up during your divorce.

Can My Spouse Refuse to Sign Divorce Papers in North Carolina?

No, one spouse cannot stop the other spouse from getting an absolute divorce if the statutory waiting period and other requirements have been satisfied, including living separate and apart for one year. If a spouse refuses to participate in the process after being served in a manner consistent with the applicable procedural rules, the divorce case can still move forward.

Do I Have to Go to Court to Get a Divorce?

You do not always have to go to court to get a divorce in Lenoir, North Carolina. When the parties agree on all issues and comply with North Carolina law, the divorce process can move forward with very little court intervention. However, when the parties cannot agree on issues related to child custody, child support, equitable distribution, and/or alimony, it may be necessary to appear before a judge for hearings on these contested issues.

Request a Consultation Today

If you are going through a divorce, you don’t have to navigate the legal process alone. Cody Law Firm can advocate for you in your divorce proceedings so you can focus on your family. Contact us today to schedule a consultation.

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